Patna High CourtCR. MISC./40541/2023rejected

Vivekanand Yadav v. The State Of Bihar

2023-08-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40541 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

VIVEKANAND YADAV SON OF BRAHMDEO YADAV RESIDENT OF VILLAGE- BAKHARPUR, PS- BAKHARPUR, DISTT- BHAGALPUR 2.

AJGAIBINATH YADAV SON OF BRAHMDEO YADAV RESIDENT OF VILLAGE- BAKHARPUR, PS- BAKHARPUR, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nurul Hoda, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Pirpainti P.S. Case No. 39 of 2023, registered for the offences punishable under Sections 448, 341, 323, 325, 354, 379, 504 & 34 of the Indian Penal Code.

3. It is alleged that the petitioner and other co-accused persons armed with lathi, bhala and pistol entered into the informant's house and started assaulting the family members of the informant due to which his hand got fractured. It is further alleged that they also snatched necklace.

4. It is submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.40541 of 2023(2) dt.01-08-2023 2/2 petitioners have been falsely implicated in the present case. It appears from the FIR that there is no specific allegation against the petitioners.

5. Learned APP vehemently opposes the prayer of the anticipatory bail of the petitioners and submits that the petitioners are named in the FIR and during investigation all witnesses have supported the prosecution case. Petitioners have got six criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case and gravity of offence and criminal antecedents of these petitioners, the prayer for grant of anticipatory bail stands rejected.

(Prabhat Kumar Singh, J) Ayush/- U T